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05-3019•United States v. Amesheo D. Cannon
05-3019Court of Appeals for the Eighth CircuitJan 31, 2007
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-2910
___________
Charles E. Knight, *
*
Appellant, *
*
v. *
* Appeal from the United States
Becker, Officer of the Benton County * District Court for the
Jail, Bentonville, Arkansas; Lylies, * Western District of Arkansas.
Officer of the Benton County Jail, *
Bentonville, Arkansas; Hall, Officer of * [UNPUBLISHED]
the Benton County Jail, Bentonville, *
Arkansas, *
*
Appellees. *
___________
Submitted: December 28, 2006
Filed: January 11, 2007
___________
Before RILEY, COLLOTON, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
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1The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
for the Western District of Arkansas, adopting the report and recommendations of the
Honorable Beverly S. Jones, United States Magistrate Judge for the Western District
of Arkansas.
-2-
Former Arkansas prisoner Charles Knight appeals the district court’s1 dismissal
of his 42 U.S.C. § 1983 action following a pretrial evidentiary hearing. Upon careful
review of the record and the parties’ submissions, see Choate v. Lockhart, 7 F.3d
1370, 1373 & n.1 (8th Cir. 1993) (reviewing district court’s factual findings for clear
error and its conclusions of law de novo), we agree with the district court that Knight
failed to show that defendants denied him bed rest for racially discriminatory reasons,
or that the force they used in escorting him to his cell was unreasonable. See
McCleskey v. Kemp, 481 U.S. 279, 292 (1987) (equal protection); Andrews v. Neer,
253 F.3d 1052, 1060-61 (8th Cir. 2001) (excessive force).
Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________
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